Karnataka High Court
Sri Anjanadri Parisara Hitarakshana ... vs The Union Of India on 23 December, 2021
Author: Ritu Raj Awasthi
Bench: Ritu Raj Awasthi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.15739 OF 2021 (GM-MM-S-PIL)
BETWEEN:
1. SRI.ANJANADRI PARISARA
HITARAKSHANA SAMITI
DODDA IYYUR VILLAGE
TYAVANAHALLI POST
KOLAR TALUK & DISTRICT
KOLAR - 563 130, KOLAR
REP. BY ITS PRESIDENT
SRI N.NARAYANASWAMY
2. SRI.SRINIVAS
S/O. LATE MUNISHAMAPPA
AGED ABOUT 64 YEARS
R/AT DODDA IYYURU
KOLAR TALUK
KOLAR DISTRICT - 563 130
3. SRI.M.SUMANTH KUMAR
S/O. MALLIKARJUNAIAH
AGED ABOUT 39 YEARS
R/AT DODDA IYYURU
KOLAR TALUK
KOLAR DISTRICT - 563 130
4. SRI.S.GOPALAKRISHNA
S/O. LATE SONNAPPA
AGED ABOUT 57 YEARS
R/AT DODDA IYYURU
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KOLAR TALUK
KOLAR DISTRICT - 563 130
5. SRI.A.S.NAJUNDEGOWDA
S/O LATE SONNEGOWDA
AGED ABOUT 62 YEARS
R/AT ARABI KOTHANUR
KOLAR TALUK
KOLAR DISTRICT - 563 133
... PETITIONERS
(BY SRI M.SHIVAPRAKASH, ADV.)
AND:
1. THE UNION OF INDIA
REP. BY ITS SECRETARY
MINISTRY OF ENVIRONMENT
FOREST & CLIMATE CHANGE
PARYAVARAN BHAWAN
JOR BAGH ROAD
NEW DELHI - 110 003
2. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001
3. THE PRINCIPAL SECRETARY
DEPARTMENT OF MINES & GEOLOGY
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
4. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
5. THE CHAIRMAN
POLLUTION CONTROL BOARD
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CHURCH STREET
BANGALORE - 560 002.
6. THE STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY - KARNATAKA
ROOM NO.706, 4TH GATE,
M.S.BUILDING,
BANGALORE - 560 001
7. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BANGALORE - 560 001
8. THE SENIOR GEOLOGIST
MINES AND GEOLOGY
KOLAR - 563 001
9. THE DEPUTY COMMISSIONER
KOLAR DISTRICT
KOLAR - 563 001
10. THE DEPUTY CONSERVATOR OF FOREST
FOREST OFFICE, K.N.S. POST
BANGARPET ROAD, KOLAR
KARNATAKA - 563 114
11. THE SUPERINTENDENT OF POLICE
KOLAR DISTRICT
KOLAR - 563 101
12. THE TAHASILDAR
KOLAR TALUK
KOLAR - 563 101
13. THE PANCHYATH DEVELOPMENT OFFICER
ARABIKOTHANUR GRAMA PANCHAYATH
KOLAR TALUK & DISTRICT
KOAR, KARNATAKA - 563 127
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14. THE CIRCLE INSPECTOR
KOLAR RURAL POLICE STATION
KOLAR - 563 101
15. THE REVENUE INSPECTOR
VAKKALERI HOBLI
KOLAR TALUK
KOLAR - 563 101
16. M/S. R.K.GRANITES
REP. PROPRIETOR D.RAVIKUMAR
CRIMPSON COURT - 2
2ND FLOOR,
JEEVAN BIMA NAGAR MAIN ROAD
HAL III STAGE
BANGALORE - 560 075
... RESPONDENTS
(BY SRI CHANDRACHUD.A., CGC FOR R1
SRI S.S.MAHENDRA, AGA FOR R2-R4, R7-R12,
R14 & R15
SRI JEEVAN J.NEERALGI, ADV. FOR R5
MS DHEEMANTIKA GOWDA, ADV. FOR R16)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 READ WITH ARTICLE 48A OF THE CONSTITUTION
OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN
RESPECT OF LAND BEARING SY.NO.76 MEASURING AN
EXTENT OF 225.23 ACRES IN DODDA IYYURU VILLAGE AND
ETC.
THIS PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:
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ORDER
This public interest litigation has been filed seeking the following reliefs:
"1. Call for the entire records in respect of land bearing Sy.No.76 measuring an extent of 225.23 acres in Dodda Iyyuru Village;
2. Issue writ of certiorari and quash the Quarrying Licence issued in favour of respondent No.16 at Annexure-J vide 'Form-E' dated 19/06/2020 and declare the area as protected area and not to permit any activities which tend to damage the terrain region of the villages and Historic, Customery Religious "DEVARA BANDE".
3. Issue Writ of Mandamus directing the Respondent Nos.3 to 10 to consider the representations, at Annexure-K1 to K4 dated 12/07/2021, taking into consideration the serious objections by the people and residents in 20 villages and to pass appropriate order.
4.Issue writ of Mandamus against Respondent No.1 to 14 to take immediate effective steps and protect the entire region from the on-slot of intruder, illegal quarry operators and to fence the entire area by cancelling the licence issued to Respondent No.16, declare that the licence is illegal.
5. Issue Writ of Mandamus directing the respondent No.9 Deputy Commissioner & Respondent No.11 Superintendent of Police, Kolar District, to extend protection to the life and limb of the petitioners aw well as villagers of Dodda Iyyuru, Chikka Iyyuru, Arabi Kothanur, Kurki and Antaragange.
6. Pass such other order/s as this Hon'ble Court deems fit and proper in the circumstances of the case. "
-6-2. Learned counsel for the petitioners submitted that on the basis of political clout, respondent No.16 has been able to get quarrying licence in gross violation of the existing norms and the relevant rules. It is submitted that the quarrying at Sy.No.76 is violative of Article 21 of the Constitution and is contrary to the dictum of the Apex Court in the case of T.N.Godavarman Thirumulpad vs. Union of India (1997 (2) SCC 267) and may cause ecological imbalance.
3. The Court, while entertaining the writ petition, vide order dated 31.08.2021, had noted the submission of the petitioners that without obtaining necessary permission, the entire mountain is being erased to ground on account of mining activities in and around Kolar District. Notices were issued to the respondents including the State Government authorities.
4. Learned counsel for the petitioners submits that on the basis of some false report, permission for grant of licence was obtained which is with a mala fide intention and not sustainable in the eyes of law.-7-
5. Learned Additional Government Advocate submits that statement of objections has been filed on behalf of the respondent-State. In paragraphs 3, 4 and 5, they have specifically stated that all the necessary requirements were fulfilled and all necessary permissions such as, permission from the Karnataka State Pollution Control Board, No Objection Certificates etc., have been obtained and the survey was carried out. The land in question for which the licence has been granted is a gomal land and as per clause (iv) of sub-rule (5) of Rule 8 of the Karnataka Minor Mineral Concession Rules, 1994, the joint inspection was carried out on 09.01.2018 by the concerned Senior Geologist/Deputy Director, Department of Mines & Geologist and the Assistant Commissioner and the Revenue Department and the report was submitted in the office of respondent No.7 through respondent No.9 on 25.02.2019 in accordance with law. It is submitted that all the necessary clearances required under law were obtained before issuance of the notification dated 18.06.2020. Respondent No.16 had obtained Quarry Plan dated 07.08.2019 and the Environmental Clearance dated 11.12.2019 in accordance with law. Respondent No.7, on receipt of all statutory -8- clearances, executed the lease deed on 19.06.2020 for a period of 20 years in QL.No.08 for M-sand purpose. The relevant paragraphs 3, 4 and 5 of the statement of objections on reproduction read as under:
"3. It is respectfully submitted that the Respondent No.16 herein has filed an application in Form AQL on 10.02.2017 for grant of lease for extraction of quarry building stone for the production of M-Sand in Survey No.17, over an extent of 11 acres 20 guntas of Daddaiur village, Kolar Taluk, Kolar District. The Respondent No.7 processed the application under Rule 31-Z C of Karnataka Minor Mineral Concession Rules, 1994 (hereafter referred as 'KMMCR, 1994'). The Respondent No.8 submitted a report to the Respondent No.7 regarding establishment of M-sand unit from the dated 06.11.2015. The Respondent No.13 obtained Consent for Operation (CFO) dated 02.01.2016 from the Karnataka State Pollution Control Board which was valid for a period of 5 years. The Respondent No.7 received an approved satisfactory report from NABL laboratory for necessary test done indicating unit is producing M-sand of quality as per the sub-rule (3) of Rule 31-Z(C), KMMCR, 1994. The Respondent No.7 issued letter of intent on 16.01.2017 in favour of the Respondent No.16 to procure required necessary no-objections certificates from the concerned Departments as per sub-rule (6) of Rule 31-Z(C), KMMCR, 1994.
In reply, the Respondent No.8 conducted inspect and submitted report on 10.04.2017 and the No-objections certificate was also received from the Respondent No.9 on 08.01.2018. The applied area of the Respondent No.16 is a Gomala land, as per clause (iv) of sub-rule 5 of Rule 8, the joint inspection report dated 09.01.2018 was obtained from the concerned Senior Geologist/Deputy Director, Department of Mines and Geologist and -9- Assistant Commissioner, Revenue Department and the same is received in the office of the Respondent No.7 through Respondent No.9 on 25.02.2019 in accordance with law.
4. It is submitted that, based on submission of the all clearances required under the law, the Respondent No.7 issued a grant Notification on 18.06.2020 for a period of 20 years, clearly specifying the extent of grant with DGPS readings of the boundary points of the lease as per sub-rule (7) of Rule 31-ZC of KMMCR, 1994. Further the Respondent No.16 obtained Quarry Plan dated 07.08.2019 and the Environmental Clearance dated 11.12.2019 in accordance with law. The Respondent No.7 on receipt of all statutory clearances executed the lease deed on 19.06.2020 for a period of 20 years in QL.No.08 for M-sand purpose. The copy of the lease deed executed dated 19.06.2020 in produced at ANNEXURE-J to this Writ Petition.
5. It is submitted that the Petitioners have made representations dated 12.07.2021 to the concerned Respondents to take action to stop the illegal activities that might be carried out on in the areas of Dodda Iyyuru village. In response to the said representations, the concerned Geologist from the Office of the Respondent No.8 and the officials from the Revenue Department visited Sy.No.76 of Dodda Iyyuru Village, it is found that no quarry operations are carried out in the quarry lease area granted to the Respondent No.16 and further it is observed that the Respondent No.16 constructing the approach road towards his leased area for transportation. Further, it is recorded that the temple at Sy.No.37 of Khajikalla Halli, Gomal land is at distance of 760 meters. The K C Valley Pipeline is at 1.2 kms and Dodda Iyyuru lake is at 350 mts from the leased area of the Respondent No.16. The copy of the report dated 19.07.2021 is produced and marked as ANNEXURE-R1."
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6. Learned counsel for the petitioners is not able to satisfy the Court as to what wrong has been committed in the grant of licence for quarrying in favour of respondent No.16. We do not find any reason to grant indulgence. The writ petition as such, being devoid of merits, is dismissed.
The pending interlocutory applications stand disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE VM